f you’ve recently had an Australian visa refused, you might be uncertain about your next steps. Can you submit a new application for another visa or a different type? Is appealing the refusal an option? Does your location—inside Australia or overseas—affect your choices? Do you need a sponsor to appeal?
In this guide, we’ll cover the basics of what you can do after the Department of Home Affairs denies your visa.
If your visa application is not approved and you don’t withdraw it, it will be considered “refused.” Visa refusal is different to visa cancellation. If you’ve been granted a visa and that permission is then taken away from you, that is a “cancellation. In such cases, the Department of Home Affairs will notify you that your visa is “cancelled”.
Your employer or partner cannot cancel your Visa. Only the Department of Home Affairs has the authority to effect visa cancellations. While the Department can use information provided by your employer or partner, it is incorrect for them to claim they can cancel your visa themselves. Only the Department has this power
When a decision is made to refuse or cancel a visa, the notification of the decision to refuse or cancel is usually accompanied by another document. This other document will detail the reasons why your visa has been refused or cancelled. It’s important to understand what these reasons are.
Whether you can reapply depends on your specific circumstances. Your application might be denied for various reasons, but they generally fall into two main categories:
This type of visa refusal and cancellation is the most common. For instance, if you unintentionally provided false information on your application, it could be denied. Similarly, failing to meet the criteria for a specific visa may lead to refusal.
Generally, this type of refusal or cancellation will not prevent you from submitting future applications, although there are notable exceptions.
This cancellation occurs if you fail the “character test,” which is a serious issue. The government can cancel or deny your visa for failing the character test. This situation typically affects individuals with extensive criminal records, those who have committed offenses, broken Australian migration laws, or engaged in serious criminal conduct.
It is difficult to appeal a refusal or cancellation based on character-related grounds. It is difficult, but not necessarily impossible.
A character-based visa denial or visa cancellation can result in a permanent exclusion from Australia.
You can expect to be detained and you will have difficulty in getting a bridging visa (to exit detention) while any appeal is pending.
Depending on the circumstances of your case, including the basis of the refusal or cancellation, and how recent it was, you may be able to appeal. In some limited cases, you may be able to make a new visa application.
The opportunities for appealing an adverse decision or applying for a different visa will vary, depending on your case.
If you have had a visa application refused or been subject to a visa cancellation in the past, you must declare this when applying for future visas with the Department of Home Affairs. The previous adverse decision will likely impact your eligibility for future visas.
Avoid omitting past visa refusals or cancellations. Immigration authorities will discover if you fail to disclose this information. Be honest, as misleading the Department about your immigration history can lead to serious consequences.
Your next step depends on the reasons for your visa refusal or cancellation, and the type of permission that has been denied or cancelled.
In some situations, you may just need to complete a new or different visa application, which could lead to approval.
Alternatively, you might need to appeal the adverse decision. Most onshore visa applications allow you to appeal to the Department of Immigration. Additionally, some offshore visa applications with a sponsor may also have appeal rights.
Revocation typically involves Visa cancellations under section 501 of the Migration Act or cancellations when the visa holder is abroad. If this applies to you, you need to apply for revocation within a specified period. Additionally, ensure that your submission addresses all required points to be considered.
In certain situations, you must file for revocation of a cancellation decision within the designated timeframe. Furthermore, your submission must cover specific points to qualify for consideration.
To find out which option is right for you, get in touch with Nilesh Nandan at MyVisa Immigration Advisory for a case review and discussion about your options. Together, we can determine the best path forward if you have been subjected to visa cancellation or refusal in Australia. Contact us online now to get started.
View Comments
Hi sir it's me Dinesh amatya a Karate player and employee as a NEPALI soldier. I applied subclass 408 visa in the June 2022 and got refused and I even didn't know the reason. Now for the karate tournament called (Australian open karate championship 2023) may 5-7 I got an invitation and I want to process visa again for that. What is the best things for reapply for refusal case?
Waiting for your positive response as soon as possible. 🙏
Hi sir..
It's me Dinesh amatya a government employee (Nepali soldier) when I applied for the first time subclass 408, Sports visa I got rejected in the June 2022 and now I want to apply again for the same visa and already got an invitation from Australian karate federation. So is there any problem for applying the same visa?
Waiting for your positive response as soon as possible as the will be starting from 5-7th may
Hello! This is Puja. So, basically for my further studies after my 12 boards examinations I decided to go to abroad and study out there. So, for that purpose I took PTE exam and scored a very good mark in each bands. In march 2, 2023 I had lodged my visa. My every financial documents and academic files are the genuine ones but unfortunately I got rejected from Stott's College, Sydney on 21st March due to migration act. Now, I'm in dilemma to re apply for the Australia or should I just start my processing for Canada. Please if someone knows about these things reply my comment. I'll be grateful always. Thankyou!
My visa application for a short stay in Australia has just been rejected. I don’t have the merits for a decline. I submitted all relevant documents. I don’t have a criminal record. How can I ask for second review. I really need to attend a women’s conference in Sydney
I applied for Tourists Visa but it was denied by Visa officer that source of my income is not clear, Since I have business and I am working lady too.I would like to know ,If I can apply for student visa as I want to upgrade and get skilled
I was refused once and i re apply again for tourist visa. Do i need a new biometrics too?
i would like to a pply my friend a tourist visa here in australia.she got refused just this morning.can i re apply again?
Hi Nilesh how are you today, i received my tourist visa refusal last Monday February 27 2023, the reason why my visa was refused coz of my job there in the philippines, case officer she's not satisfied my ducument that's why she refused my tourist visa coz of of payslip and leave of absence, i have and agent but my agent is she's not helping me regarding my ducument she did not advise me of what exactly ducument should i submitt. I thought it was ok coz she's not ask me another payslip, i am confident then also coz my boyfriend from Australia he is my sponsor and he is the one to provide everything i need if i was there in Australia. My question is can i re apply my tourist visa after i receive my visa refusal? Coz filling in tribunal it's very expensive. Thank you.
My study visa was refuse in 2019.can I apply again with my spouse.she want to study master at australia.can I apply again with my spouse.
My visa got refuse coz of weak sop
I was denied a visa from the Australian home land. I have submitted more paper work to them but instead of having from the United States it got mixed up and it said that it was from the United Kingdom. I just want to enter Australia for my cruise on March 2, 2023.
I don't know who to contact and make it on my cruise in time.